[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 9-17-1979 by L.L. No. 33-1979, effective 10-15-1979. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 48.
Site plan review — See Ch. 107.
Subdivision of land — See Ch. 112.
Zoning — See Ch. 138.
Rules and regulations of the Board of Architectural Review — See Ch. A141.
Rules and regulations of the Zoning Board of Appeals — See Ch. A150.
This chapter shall be known and may be cited as the "Architectural Design
Review Law of the Incorporated Village of Sea Cliff."
The Board of Trustees hereby finds that excessive similarity, dissimilarity
or inappropriateness of design in the exterior appearance of buildings in
both residence and business districts, as designated and defined by the Zoning
Law of the Incorporated Village of Sea Cliff,[1] in relation to the prevailing appearance of buildings in the vicinity
thereof adversely affects the desirability of the immediate areas for residential
purposes; that inappropriateness or excessive dissimilarity of design in the
exterior appearance of buildings in such residence and business districts
in relation to the characteristics of design generally prevailing in the Village
discourages the most appropriate use of land throughout the Village and that
such excessive similarity, dissimilarity or inappropriateness impairs the
benefits of occupancy of existing residential property, impairs the stability
and value of both improved and unimproved real property, produces degeneration
of both residential and business property, with attendant deterioration of
conditions affecting the health, safety and morals of the inhabitants of the
Village, and destroys a proper relationship between the taxable value of real
property and the cost of municipal services provided therefor. It is the purpose
of this chapter to prevent these and other harmful effects and thus to promote
and protect the health, safety and general welfare of the community.
For the purpose of this chapter, the definitions of the terms used herein and the usage of words shall be the same as in Chapter 138, Zoning, insofar as the same pertain.
There is hereby created a Board of Architectural Review, consisting
of five members who shall serve without compensation. All members of said
Board shall be residents of the Village of Sea Cliff and shall be persons
deemed by the Board of Trustees to be qualified, by reason of training, experience
or civic interest and by reason of sound judgment, to determine the effects
of a proposed building, group of buildings or plan of building development
on the desirability, property values and development of surrounding areas
and on the development of the Village as a whole. The members of the Board
of Architectural Review shall be appointed and the Chairman thereof shall
be designated by the Mayor with the approval of the Board of Trustees. The
term of office of each member shall be three years. The Board of Trustees
shall have the power to remove any such member for cause after public hearing.
Vacancies shall be filled for the unexpired term of any member whose place
has become vacant. The Building Inspector shall act as Secretary to the Board
of Architectural Review.
Review by the Board of Architectural Review shall be required of the
following:
A.
Applications for building permits. The Board of Architectural
Review shall review all building permit applications involving the exterior
appearance of buildings and shall approve, modify and approve, or disapprove
same.
B.
Applications for the development or subdivision of land.[1] The Board of Architectural Review shall review all applications
for the development or subdivision of land and shall report its recommendations
thereon, if any, to the Planning Board. When such application includes designs
of the exterior appearances of buildings proposed to be erected in such development
or subdivision, the Board shall approve, modify and approve, or disapprove
same.
When an application for the development or subdivision of land includes
designs of the exterior appearances of buildings proposed to be erected in
such development or subdivision and the Board of Architectural Review has
approved or modified and approved such building designs within the development
or subdivision, the Building Inspector shall, at any time within two years
after approval by the Board, and provided that there has been compliance with
all applicable laws and provisions of this Code, upon application by the developer
or his authorized agent, issue permits for the erection of buildings conforming
to such approved building designs, including any modifications thereto, without
further referring the application to the Board of Architectural Review.
A.
The Board of Architectural Review shall disapprove any application for a building permit referred to it if the Board finds that the building for which the permit is sought or any building of a group of buildings covered by the permit would, if erected, be so detrimental to the character, property values or development of the surrounding residential or business area or of the Village as a whole as to produce one or more of the harmful effects set forth in § 38-2 by reason of:
(1)
Excessive similarity of design, in relation to any other
structure existing or for which a permit has been issued or to any other structure
included in the same permit application, on a plot abutting on the same street
and within 250 feet of the proposed site, in respect to one or more of the
following features of exterior design and appearance:
(a)
Apparently identical facade;
(b)
Substantially identical size and arrangement of either
doors, windows, porticoes or other openings or breaks in the facade facing
the street, including reverse arrangements;
(c)
Other significant identical features, such as but not
limited to construction material, roofline and height, or other design elements;
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Provided that a finding of excessive similarity of design shall include not only that such similarity exists but, further, that it is of such a nature as to produce one or more of the harmful effects set forth in § 38-2.
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(2)
Excessive dissimilarity of design or inappropriateness
of design or of site plan, in relation to any other structure existing or
for which a permit has been issued or to any other structure included in the
same permit application, on a plot abutting on the same street and within
250 feet of the proposed site, or inappropriateness or excessive dissimilarity
of design in relation to the characteristics of building design generally
prevailing in residence or business districts in the Village, in respect to
one or more of the following features:
B.
In approving any application for a building permit or
for the development or subdivision of land, the Board of Architectural Review
may specify modifications in the design of the building or buildings, or any
of them, or requirements as to yard dimensions that will be required to render
the same acceptable under the provisions of this chapter.
C.
No vote shall be taken to approve, modify and approve,
or disapprove an application unless a majority of the whole Board shall be
present. The vote required for disapproval shall be as follows:
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Members Present
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Votes Required for Disapproval
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|---|---|---|
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3
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3
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4
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3
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5
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4
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The Building Inspector shall not issue any building permit for which
the application has been disapproved by the Board of Architectural Review.
The Building Inspector shall not issue any building permit for which the application
has been modified and approved unless the plans for such building have been
changed to embody any modifications in design that the Board may have specified
as required to approve such design and there has been compliance with all
applicable laws and provisions of this Code. The Building Inspector shall
not issue any building permit for which the application has been approved
unless there has been compliance with all applicable laws and provisions of
this Code.
Any person aggrieved by any decision of the Board of Architectural Review
may appeal therefrom to the Zoning Board of Appeals within 60 days from the
date of such decision.[1] The Zoning Board of Appeals may reverse, modify or affirm the
action of the Board of Architectural Review.
The Board of Architectural Review is hereby authorized to adopt, promulgate,
amend and repeal rules and regulations governing its procedure and the transaction
of its business and for the purpose of fully implementing the provisions of
this chapter. Such rules and regulations, and any amendment thereto, shall
be subject to approval by the Board of Trustees and, once approved, shall
be made a part of this Code with the same force and effect as all other laws
of the Incorporated Village of Sea Cliff.[1]
